Australia closer to deal to exempt US from ICC

The Federal Government yesterday gave its clearest indication yet that it would accede to requests to refuse to surrender American citizens to the international court on war crimes.

Foreign Minister Alexander Downer staunchly advocated Australia signing up to the International Criminal Court in the face of a bitterly divided Coalition party room earlier this year.

Nevertheless, the government probably would agree to enter a binding agreement with the US that would stop Australia handing over to the ICC Americans accused of genocide, crimes against humanity or war crimes.

"We need to work through this a little bit, but our inclination is to support America's request for an Article 98 agreement," Mr Downer said.

Article 98 of the Statute of Rome bars the ICC from forcing countries to surrender the citizens of other nations if they have a binding agreement under international law. ");document.write("

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President George Bush has rescinded his country's earlier signing of the statute and is now seeking agreement from about 60 countries guaranteeing that US citizens will remain outside the clutches of the ICC. The US has threatened to withdraw from international peacekeeping operations unless it is exempted from the ICC, a position Australia noted with concern.

"We do have a clear view here, and that is that we regard it as important that the US remains active in international peacekeeping," Mr Downer said.

He repeated that his preferred position was that the US ratified the statute that brought the ICC into existence on July 1. But he stressed the US had a right to seek Article 98 agreements and said it would not weaken the ICC.

The ICC is a permanent court that can try anyone, even citizens of countries that have not signed up. But it is also a court of last resort that comes into effect only when ratifying countries are unwilling or unable to prosecute alleged war criminals.

Ratifying states agree to prosecute their own citizens or crimes occurring on their soil and to enact mirror laws into domestic statute books.